We live in Georgia with my husband's two children, they live with us basically full time even though it's stated as joint custody (ultimately we fully support them). Their bio mom lives in Florida (that's what court system we deal with when fighting her). My husband wants to refuse her visitation this summer (they're supposed to go down there by court order) but we're not going to send them down (we have good reasons)
So, IF he kept them and is just waiting for her to file so we can go back to court can they come and arrest him for contempt?? Or will we just have to wait for the suponea (spelling?) and then go to court on why we refused her visitation and broke court order?
I want to fight her on visitation I just don't want them to arrest him and haul him off to Florida. We've got a lawyer but he hasn't called back today and I'm impatient.
Does anyone have any idea what happens if you refuse a parent to see their kids?
2007-04-24 06:29:56 · 5 answers · asked by boz4425 4 in Politics & Government ➔ Law & Ethics
Our good reasons are that she is almost 31 years old, lives at home with her parents, has another child with an unknown father that her parents take care of (we believe DFACS took him away for awhile) - she doesn't hold down a job, is in and out of trouble with the law and just recently got off of shooting up heroin (we think she is off now).
Point is, Florida judges are crackpots. We filed an emergency hearing last summer about her being in rehab and the judge pretty muched laughed and told us that she didn't see a problem with it.
Yet, here my husband and I work our butts off to support them and give them a good home and life.
2007-04-24 06:50:30 · update #1
I'm not sure if he would go to jail, but he does run the risk of losing custody. He needs to take her to court so the judge can make a decision on whether the kids should go down there or not.
2007-04-24 06:35:27 · answer #1 · answered by Ryan's mom 7 · 0⤊ 0⤋
Well it wont help you out any by refusing..it will be contempt and he will get in a lot of trouble...file an action to amend the parenting plan, get an attorney, find one that will call you back and speak with any attorney in your state, since all states are different...My advice is to Not deny visitation, you will get in trouble, not necessarily will your husband go to jail but the court will/can order him to let the children go to their mom, and it could hurt you fight for custody
2007-04-24 13:35:58 · answer #2 · answered by lil_luman 2 · 0⤊ 0⤋
you'll have to come up with evidentuary support for your claim against this woman. If the court has given her legal permission to cisitations, you probably will have to get a revisit to them. Good luck, the court should know what isa best for the children:)
2007-04-24 14:19:29 · answer #3 · answered by Anonymous · 0⤊ 1⤋
He can be held in contempt and it looks terrible in future custody disputes. You may still have time to get a temporary order and do everything legally.
2007-04-24 13:52:39 · answer #4 · answered by Sandy Sandals 7 · 0⤊ 0⤋
What was the good reason? If the reason is good enough they might change their minds and lift the court order.
2007-04-24 13:39:53 · answer #5 · answered by ♥Jara-Lee♥ 3 · 0⤊ 1⤋